Continuous Residency for Naturalization

[zain.aziz 0]

Can anyone please help me regarding the following query.

I am married to a US citizen and currently holding US resident status. I have to leave US for 1 years and 6 months or maximum 2 years but I don't want to break my continuous residency. I believe that it takes 2 years and 9 months to achieve the naturalization period whereas (one must stay 18 months in the US continuously)

In case if I take re-entry permit (I-131) so those 2 years will not come in counting but I have no idea regarding if I am out of US for 2 years but pay visit in every 6 months so those years will be considered in continuous residency of 2 years and 9 months.

To be more precise, I have to leave US for up to 2 years and simultaneously I want to complete naturalization within 2 years and 9 months to get citizenship on time.

I will appreciate if you can answer.

[newacct 688]

First of all, you need to be continuously resident the last 3 years. The 18 months is total physical presence (not continuous) in those 3 years.

A trip outside the US of more than a year will definitely interrupt continuous residence. I don't think brief visits every once in a while will help; they will probably consider it one big trip, though how they handle this is not written anywhere.

[aaron2020 11,651]

You will not qualify for US citizenship.

Using your own words, you will be VISITING the US every 6 months. That is not living here continuously. That's living abroad with VISITS to the US. It will be obvious to USCIS because you will have to disclose all your trips abroad on your naturalization application.

You will not meet the physical presence requirement.

The Re-Entry Permit means your time outside the US is not counted against your LPR status. The REP has nothing to do with you maintaining residency for US citizenship.

[arken 4,197]

Someone in VJ or other forums mentioned that an IO at a POE wrote something like "returned in 5 months and 28 days" before stamping arrival record on his passport during his 2nd entry to US after his "so called" less than 6 months trip. These officers are pretty darn good in picking up those sort of stuffs. If you do make such trips and visit US for say few weeks in between, even if you make it to the naturalization interview, the officer might say, "You ain't trying to fool me, are you?".

[zain.aziz 0]

First of all, you need to be continuously resident the last 3 years. The 18 months is total physical presence (not continuous) in those 3 years.

A trip outside the US of more than a year will definitely interrupt continuous residence. I don't think brief visits every once in a while will help; they will probably consider it one big trip, though how they handle this is not written anywhere.

Hello Sir,

I like your precise and very clear reply. You got the point what I was trying to ask.. thank you

18 months are total and I know most of the peoples spend 3 years in this way (6 months in US, 6 months outside US and it runs till 3 years). Sir, what about this way like (18 months in US, 12 months outside the US) ? Is it gonna work ?

Regards

[SusieQQQ 11,587]

Hello Sir,

I know most of the peoples spend 3 years in this way (6 months in US, 6 months outside US and it runs till 3 years). Sir, what about this way like (18 months in US, 12 months outside the US) ? Is it gonna work ?

Regards

No, "most people" do not spend 3 years that way.

[Mollie09 1,543]

And no, it's not gonna work.

[lana2005 1]

No, "most people" do not spend 3 years that way.

But a lot of them do, and yes it works. Try to do a little more than 6 at a time though - 7 months in the US per year. Legally anything more than 6 is fine. Many green card lottery winners I know keep their green cards like that while living half-time abroad.

[arken 4,197]

But a lot of them do, and yes it works. Try to do a little more than 6 at a time though - 7 months in the US per year. Legally anything more than 6 is fine. Many green card lottery winners I know keep their green cards like that while living half-time abroad.

OP isn't asking about keeping the GC, it's about eligibility for naturalization by travelling like that.

[SusieQQQ 11,587]

But a lot of them do, and yes it works. Try to do a little more than 6 at a time though - 7 months in the US per year. Legally anything more than 6 is fine. Many green card lottery winners I know keep their green cards like that while living half-time abroad.

Wow, you know "many" green card lottery winners? That's interesting. How come you manage to know so many? Curious, considering they are only a tiny portion of immigrants each year.

I know this is a belief that is perpetuated but I and a number of other people I know, lottery winners and others, find the reality is not quite so simple and CBP officers not quite that dumb. Even aside from the fact that as the poster above me mentioned, this is for naturalization not just keeping your green card.

[lana2005 1]

OP isn't asking about keeping the GC, it's about eligibility for naturalization by travelling like that.

My bad. I was just browsing a green card topic before that, and forgot that this one was about naturalization.

[lana2005 1]

Wow, you know "many" green card lottery winners? That's interesting. How come you manage to know so many? Curious, considering they are only a tiny portion of immigrants each year.

I know this is a belief that is perpetuated but I and a number of other people I know, lottery winners and others, find the reality is not quite so simple and CBP officers not quite that dumb. Even aside from the fact that as the poster above me mentioned, this is for naturalization not just keeping your green card.

It's not about CMP officers being dumb. In case of green cards (don't know about naturalization), it's the law - 6 months per year is enough of residency in the US. if no other issues in your immigration file, they CANNOT take away your green card if you have been in the US for 6 months and 10 days, and in another country the other 5+ months. Of course, if that other country is on some sort of flagged list, etc., then it's a different story.

[newacct 688]

It's not about CMP officers being dumb. In case of green cards (don't know about naturalization), it's the law - 6 months per year is enough of residency in the US. if no other issues in your immigration file, they CANNOT take away your green card if you have been in the US for 6 months and 10 days, and in another country the other 5+ months. Of course, if that other country is on some sort of flagged list, etc., then it's a different story.

This is not true. Please cite your law.

[lana2005 1]

This is not true. Please cite your law.

It's true. It's the rules of Continuous Residence and Physical Presence (Sec. 319.1, section (4) - for the 3 year green card period before you decide to apply for citizenship, you need to have been "physically present in the United States for periods totaling at least 18 months;" .

18 months is basically 6 months per calendar year. Of course if you stop filing US tax returns, or buy a house abroad, that would create problems. But in a non-problematic, standard case the residency requirements is 6 months per year. I know at least 2 people who have spent expended times abroad due to the nature of their careers and it never was a problem. USCIS does not want us to be destitute and job-less just as long as we are physically present here after all.

[newacct 688]

It's true. It's the rules of Continuous Residence and Physical Presence (Sec. 319.1, section (4) - for the 3 year green card period before you decide to apply for citizenship, you need to have been "physically present in the United States for periods totaling at least 18 months;" .

18 months is basically 6 months per calendar year. Of course if you stop filing US tax returns, or buy a house abroad, that would create problems. But in a non-problematic, standard case the residency requirements is 6 months per year. I know at least 2 people who have spent expended times abroad due to the nature of their careers and it never was a problem. USCIS does not want us to be destitute and job-less just as long as we are physically present here after all.

Continuous residence and physical presence are only in the context of naturalization. It has nothing to do with losing permanent residency.